We previously reported that the Federal Circuit proposed to amend several Federal Circuit Rules of Practice and the Practice Notes to three rules, which would take effect on December 1, 2022, if adopted. After receiving public comments, however, the Federal Circuit today announced that it has decided to defer adoption of the proposed amendments until a later date. Here is the full text of today’s announcement.
In accordance with 28 U.S.C. § 2071, the United States Court of Appeals for the Federal Circuit gave notice of proposed amendments to the Federal Circuit Rules of Practice on September 2, 2022, with an anticipated effective date of December 1, 2022. In light of received public comments, the Federal Circuit is now deferring the adoption of those proposed amendments until a later date. Instead, on December 1, 2022, the court will post only a revised version of the Federal Circuit Rules of Practice that incorporates new amendments to Federal Rules of Appellate Procedure 25 and 42, which do not impact this court’s local rules or procedures.